Statutory Instrument 1988 No. 279 (L.2)

The County Court (Forms) (Amendment) Rules 1988

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1988 No. 279 (L.2)

COUNTY COURTS
PROCEDURE

The County Court (Forms) (Amendment) Rules 1988

Made	11th February 1988

Coming into force

11th May 1988

    1.—(1)  These Rules may be cited as the County Court (Forms) (Amendment) Rules 1988.

    (2)  In these Rules a form referred to by number means the form so numbered in the Schedule to the County Court (Forms) Rules 1982^[1] and "the main Schedule" means that Schedule.

    2.    These shall be substituted in the main Schedule, for forms N.9, N.77, N.78, N.79 and N.80, the forms contained in Schedule 1 to these Rules.

    3.    After form N.116 there shall be added the form contained in Schedule 2 to these Rules.

    4.    Form N.39 shall be amended as follows—

    (1)  the words in the body of the form from "Travelling expenses" to "to be served £          " shall be omitted;

    (2)  for the words in the body of the form from "The balance" to "is £          " there shall be substituted the words "The balance now due [, including the costs of the hearing which you failed to attend,] is £";

    (3)  after the words in the body of the form "not included in the above, amount to £ )." there shall be inserted the words—

"TRAVELLING EXPENSES




You are entitled to receive from the plaintiff a reasonable sum to cover your travelling expenses to and from the court. If you wish to claim these expenses you should write to the plaintiff ('s solicitor) at the address shown below. You must write, stating the amount of such expenses, not later than 7 days before the date of the adjourned hearing.




NOTE: If you do claim your travelling expenses they will be added to the balance due from you to the plaintiff and will be payable at the same time or by the same instalments as that balance is payable. The plaintiff's (solicitor's) name and address is          .";



    (4)  the words in the instructions from "You (or your company)" to "handed to you" shall be omitted;

    (5)  the words in the certificate from ", [when I paid" to "expenses of £ ]" shall be omitted.

We, the undersigned members of the Rule Committee appointed by the Lord Chancellor under section 75 of the County Courts Act 1984^[2], having by virtue of the powers vested in us in this behalf made the foregoing Rules, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly.

Norman Francis,

Deirdre McKinney,

R.E. Hammerton,

P.G. Hebbert,

Timothy Stow,

C.S. Stuart-White,

R. Lockett,

R. Greenslade,

Patrick Eccles,

Gillian Stuart-Brown,

R.C. Newport.

I allow these Rules, which shall come into force on 11th May 1988.

Mackay of Clashfern,
C.

Dated 11th February 1988

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Notes:

[1] S.I. 1982/586, as amended by S.I. 1982/1141, 1983/1715, 1984/879, 1985/567, 1986/1505 and 1987/1119.

[2] 1984 c. 28.

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